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Terms of use
This Agreement contains the complete terms and conditions that apply to
an individual's or entity's participation in ClubCrossDressing.com
Affiliates Scheme (the "Scheme"). As used in this
Agreement, [we],[CCD] means CowGoMoo Web Solutions, [you] means the
applicant, and [services] means domain name registration services and/or
hosting services offered by
ClubCrossDressing.com.
ClubCrossDressing.com is a trading name for
CowGoMoo Web Solutions, 27 Old Gloucester Street. LONDON WC1N 3XX
Enrolling as an affiliate To begin the enrollment process,
you will submit a complete scheme application via our site. We may
reject your application if we determine (at our sole discretion) that your
site is unsuitable for the Scheme. We may also reject your application if
you are partaking in any other scheme or offer from ClubCrossDressing.com.
You must be a resident of the United Kingdom to participate in this
scheme.
Linking to our site After you have enrolled as an afflilate,
you can provide one or more links from your site to our site. We will
provide you with special link formats designed for tracking and reporting
for all links between your site and our site. You will be solely
responsible for properly utilising the link formats. We do not accept any
responsibility for the incorrect use of the special links / link formats
and therefore we shall not be accountable for any loss of fees as a result
of your errors.
Commission Subject to the terms and conditions of this
Agreement, you will be paid commission for each customer referred from
your site through the ClubCrossDressing.com link on your site who
successfully purchases a VIP membership on the ClubCrossDressing.com site
using a credit card. If it is later found that the customer's purchase
was refunded, we retain the right to withhold any payments to you
resulting from that individual's purchases. The affiliate scheme relies
on cookies to track customers. If for whatever reason, the customer isn't
using cookies, or the cookie expires or the customer deletes the cookie,
they cannot be tracked and you will not earn commission for any sales that
customer may make. Our cookies are set to expire after one year. If at
any time the commissions owed to you become less than the total deductions
due to refunds as mentioned above the difference shall be immediately
payable to ClubCrossDressing.com.
Commission may not be paid to an affiliate if the details we hold for
that affiliate are not accurate. It is the affiliate's responsibility to
make sure that ClubCrossDressing.com is notified of any change in their
details such as email or postal address. We also reserve the right to
cancel commission payments if we believe that there has been any
fraudulent attempts to use the service.
Commission Schedule You will earn an affiliate referral fee
of ten pounds (£10) which is payable to you at the end of each month
provided that the commission owed is more than GBP £30.00.
Policies and operating procedures Customers purchasing
services from ClubCrossDressing.com through this scheme will be deemed to
be customers of ClubCrossDressing.com. Accordingly, all
ClubCrossDressing.com rules, policies, and operating procedures concerning
the services will apply to those customers. We may change our policies and
operating procedures at any time.
Limited License We grant you a non-exclusive,
non-transferable, non-sublicensable, revocable right to use our logos and
text for which we grant express permission, solely for the purpose of
identifying your site as a scheme participant. You agree that you will not
engage, participate or otherwise become involved in any activity or course
of action that diminishes and/or tarnishes the image and or reputation of
ClubCrossDressing.com. We may revoke your license.
Your Responsibility You will be solely responsible for the
development, operation, and maintenance of your site and for all materials
that appear on your site.
You will indemnify, defend and hold us harmless from all claims,
damages, and expenses (including, without limitation, legal fees) relating
to the development, operation, maintenance, and contents of your site as
well as any goods or services provided or made available by you. These
obligations will survive any termination of this Agreement. You
acknowledge and agree that your Web site information (name, URL, traffic
counts, etc.) may be utilized by Vision Internet Limited. Possible uses
include (but are not limited to) lists of the busiest sites, lists of
member sites, etc. The information provided by Vision Internet Limited to
you may be proprietary in nature. You acknowledge that you are not a
competitor of ClubCrossDressing.com, and agree not to share this
information with any of our competitors. Any violation of these terms and
conditions may cause us to terminate this agreement.
Term The term of this Agreement will begin upon our
acceptance of your application and will end when terminated by either
party. Either you or ClubCrossDressing.com may terminate this Agreement at
any time, with or without cause, by giving the other party written or
emailed notice of termination. You are only eligible to earn referral fees
on domain name registrations occurring during the term of this Agreement
only. We may withhold your final payment to ensure that the correct amount
is paid. Your site is subject to periodic review. If we determine at any
point after acceptance into our scheme that your site is not suitable for
the scheme, we may unilaterally end the status of your site as an
Affiliate.
Modification We may modify any of the terms and conditions
contained in this Agreement, at any time and in our sole discretion, by
posting a new agreement on our site. Your continued participation now, or
within thirty (30) days following the posting notice of any changes in
these terms and conditions, will constitute a binding acceptance by you of
such rules, changes or modifications. IF ANY MODIFICATION IS UNACCEPTABLE
TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. Your continued
participation in the scheme following our modifications will constitute a
binding acceptance of the change.
Limitation of Liability We will not be liable for indirect,
special or consequential damages (or loss of revenue, profits or data)
arising in connection with this agreement or the affiliate scheme, even if
we have been advised of the possibility of such damages. Further, our
aggregate liability arising with respect to this agreement and the
affiliate scheme will not exceed the total Affiliate Referral Fees paid or
payable to you under this agreement.
Disclaimers We make no express or implied warranties or
representations with respect to the scheme or any products sold through
the scheme including, without limitation, warranties of fitness,
merchantability, non infringement, or any implied warranties arising out
of a course of performance, dealing, or trade usage. In addition, we make
no representation that the operation of our site will be uninterrupted or
error-free, and we will not be liable for the consequences of any
interruptions or errors.
Independent Investigation You acknowledge that you have read
this agreement, have had an opportunity to consult with your own legal
advisors if you so desired, and agree to all the terms and conditions set
forth herein. You agree that, in interpreting this agreement, no weight
shall be placed upon the fact that this agreement has been drafted by us,
and you shall not assert that this agreement is unenforceable or invalid
on the grounds that it is a contract of adhesion, that it is
unconscionable or any similar theory. You understand that we may at any
time, directly or indirectly, solicit customer referrals on terms that may
differ from those contained in this agreement or operate web sites that
are similar to or compete with your web site. You have independently
evaluated the desirability of participating in the scheme and are not
relying on any representation, guarantee or statement other than as set
forth in this agreement.
PPC Restrictions: ClubCrossDressing has an
extensive in-house PPC program. We do not want affiliates to compete with
our own campaign or to drive up our costs.
- PPC bidding on the ClubCrossDressing brand name is not allowed.
- Similarly we do not allow bidding on variations or misspellings of
the brand name (such as Club CrossDressing, or CulbCrossDressing).
- Using the ClubCrossDressing URL as your display URL is likewise
not allowed.
- You may not make use of ClubCrossDressing trademark names in
your ppc ads.
Affiliates may not make use of any ClubCrossDressing trademarks,
such as the ClubCrossDressing brand name or any trademarked products
(including any variations or misspells of the brand name and trademarks)
in their ppc ads and domain names.
We will reverse commissions and
reject any affiliates found breaking our PPC Restrictions
Affiliates may make use of the name ClubCrossDressing in the
description.
Miscellaneous This Agreement will be governed by
the English law, without reference to rules governing choice of laws. Any
action relating to this Agreement must be brought in the courts of England
and Wales, and you irrevocably consent to the jurisdiction of such courts.
You may not assign this Agreement, by operation of law or otherwise,
without our prior written consent. Subject to that restriction, this
Agreement will be binding on, inure to the benefit of, and enforceable
against the parties and their respective successors and assigns. Our
failure to enforce your strict performance of any provision of this
Agreement will not constitute a waiver of our right to subsequently
enforce such provision or any other provision of this Agreement.
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